Legislature(1995 - 1996)
1995-04-20 Senate Journal
Full Journal pdf1995-04-20 Senate Journal Page 1099 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Thursday April 20, 1995 Ninety-fifth Day Pursuant to adjournment the Senate was called to order by President Pearce at 5:30 p.m. The roll showed fourteen members present. Senators Adams, Ellis, Halford, Hoffman, Rieger, Sharp were absent. The prayer was offered by the Chaplain, Senator Taylor. Senator Kelly led the Senate in the pledge of allegiance. The presence of Senators Halford, Sharp, Ellis was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the ninety-fourth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 55 Message of April 20 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 55 "An Act repealing the sunset of the enhanced 911 emergency reporting systems." Chapter 8, SLA 1995 Effective Date: 7/19/95 1099 1995-04-20 Senate Journal Page 1100 MESSAGES FROM THE HOUSE SB 106 Message of April 20 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 106(JUD) "An Act prohibiting minors from patronizing businesses that offer adult entertainment and prohibiting the employment of minors at businesses offering adult entertainment." The bill was referred to the Secretary for enrollment. Message of April 20 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 10 CS FOR HOUSE BILL NO. 10(STA) am BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act relating to payment for emergency services responding to certain motor vehicle accidents." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 207 CS FOR HOUSE BILL NO. 207(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. 1995-04-20 Senate Journal Page 1101 HB 274 CS FOR HOUSE BILL NO. 274(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the state's tuberculosis control program; and providing for an effective date." was read the first time and referred to the Finance Committee. STANDING COMMITTEE REPORTS SB 28 The Labor and Commerce Committee considered SENATE BILL NO. 28 "An Act repealing an additional fee for motor vehicle registration not conducted by mail and limiting motor vehicle emissions inspection to once every two years" and recommended it be replaced with CS FOR SENATE BILL NO. 28(L&C) Signing do pass: Senator Kelly, Chair. Signing no recommendation: Senators Torgerson, Salo. Previous fiscal notes. The bill was referred to the Finance Committee. SB 79 The Community and Regional Affairs Committee considered SENATE BILL NO. 79 "An Act relating to errors in surveys of land" and recommended it be replaced with CS FOR SENATE BILL NO. 79(CRA), entitled: "An Act relating to errors in surveys of land and amending Alaska Rules of Civil Procedure 4 and 12." Signing do pass: Senator Torgerson, Chair. Signing no recommendation: Senators Phillips, Kelly. 1995-04-20 Senate Journal Page 1102 SB 79 Zero fiscal notes published today from Department of Community and Regional Affairs, Department of Natural Resources. The bill was referred to the Rules Committee. HB 46 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 46(STA) "An Act relating to the practice of architecture, engineering, and land surveying." Signing do pass: Senator Kelly, Chair, Senator Salo. Signing no recommendation: Senators Miller, Torgerson. Previous House zero fiscal notes. The bill was referred to the Rules Committee. The presence of Senators Hoffman, Rieger was noted. HB 80 The Community and Regional Affairs Committee considered CS FOR HOUSE BILL NO. 80(CRA) "An Act establishing the Department of Natural Resources as the platting authority in certain areas of the state; relating to subdivisions and dedications; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 80(CRA) Signing do pass: Senator Torgerson, Chair. Signing no recommendation: Senators Kelly, Hoffman. Previous House fiscal notes. The bill was referred to the Finance Committee. 1995-04-20 Senate Journal Page 1103 HB 100 The Finance Committee considered CS FOR HOUSE BILL NO. 100(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) Signing do pass: Senators Halford, Frank, Cochairs, Senators Sharp, Rieger. Signing do pass if amended: Senator Phillips. Signing do not pass: Senators Donley, Zharoff. The bill was referred to the Rules Committee. SJR 20 The Rules Committee considered SENATE JOINT RESOLUTION NO. 20 Relating to the Western Alaska Community Development Quota Program, the inshore/offshore allocation process, and the North Pacific Fishery Management Council Comprehensive Rationalization Program. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The resolution is on today's calendar. SB 26 The Rules Committee considered SENATE BILL NO. 26 "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use firearms to commit criminal offenses and relating to the sealing of the records of those minors." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. 1995-04-20 Senate Journal Page 1104 HB 169 The Rules Committee considered CS FOR HOUSE BILL NO. 169(RES) "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the mineral resources of the state." Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce, Sharp, Salo. The bill is on today's calendar. HB 215 The Rules Committee considered HOUSE BILL NO. 215 am "An Act relating to suspension of a student from a public school" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 215(RLS) Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce, Sharp, Salo. Previous House zero fiscal note. The bill is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 13 SENATE CONCURRENT RESOLUTION NO. 13 BY SENATORS LINCOLN, Green, Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators. was read the first time and referred to the Community and Regional Affairs Committee. SJR 23 SENATE JOINT RESOLUTION NO. 23 BY THE SENATE RESOURCES COMMITTEE, 1995-04-20 Senate Journal Page 1105 SJR 23 Proposing postage stamps honoring wild Alaska salmon and centuries of continued use of wild Alaska salmon for subsistence, commercial, and sport fish harvesters. was read the first time and referred to the Resources Committee. SJR 24 SENATE JOINT RESOLUTION NO. 24 BY SENATOR DONLEY, Proposing amendments to the Constitution of the State of Alaska relating to the transmittal of bills after passage, enactment of bills without the governor's signature, to vetoes, and to consideration by the legislature of vetoed bills. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SJR 25 SENATE JOINT RESOLUTION NO. 25 BY SENATORS DONLEY, Phillips, Halford, Proposing an amendment to the Constitution of the State of Alaska limiting the rights of prisoners to those required under the Constitution of the United States. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SJR 26 SENATE JOINT RESOLUTION NO. 26 BY SENATOR GREEN, Proposing amendments to the Constitution of the State of Alaska relating to the election and the duties of the attorney general. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 1995-04-20 Senate Journal Page 1106 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 160 SENATE BILL NO. 160 BY SENATORS TORGERSON, Halford, entitled: "An Act excluding certain employment by students from the definition of `employment' in the state employment security laws." was read the first time and referred to the Labor and Commerce Committee. SB 161 SENATE BILL NO. 161 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the financing of technological developments by public corporations of the state; and relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project." was read the first time and referred to the Finance Committee. Zero fiscal note published today from Department of Commerce and Economic Development. Governor's transmittal letter dated April 20: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would improve the ability of public corporations of the state to finance technological developments. This bill amends AS37.17 to facilitate the Alaska Science and Technology Foundation's (ASTF) development of commercial uses for technological developments, among its other purposes. These amendments will assist state agencies and public corporations such 1995-04-20 Senate Journal Page 1107 SB 161 as the Alaska Aerospace Development Corporation (AADC) and the Alaska Industrial Development and Export Authority (AIDEA) in technology-related development projects. ASTF would be able to provide guidance through its established peer review system and grant review process, as well as financial assistance to projects meeting its technological and business criteria. Existing AS37.17.090(d) requires that at least 50 percent of the ASTF endowment income that is distributed by ASTF in a fiscal year must be for grants of $100,000 or less. Section 3 of the bill would exempt two grants to AIDEA or AADC from that requirement. Absent this exemption, ASTF would be limited to providing only minor financial assistance to projects of potentially great benefit to the state. One of the two grants is for development of the Kodiak launch complex and Fairbanks satellite ground station space park. The second grant is for development of low-rank coal water fuel technology. It is anticipated that the grants from ASTF for these projects may be phased in. Section 5 of the bill also provides ASTF with more flexibility to ensure a fair financial return to the state based upon the value derived by the grantee from the ASTF grant. The bill replaces the current narrow language of AS37.17.090(g), restricting ASTF to a return from "royalties, licenses, and patents", with broader language acknowledging that grantees can gain significant economic benefit from an ASTF grant without ever earning income from royalties, licenses, and patents. For example, ASTF could receive a return from AADC for the operation of the Kodiak launch facility. Section 5 provides ASTF with additional protection for its investments by the addition of language allowing ASTF to take a security interest in, and own, patents, copyrights, and other intellectual property to secure payment of sums owed to ASTF under a grant agreement. The bill continues to require that the revenue received by ASTF be paid into the principal of the endowment, subject to AS37.07. The bill allows ASTF to tailor each "return" provision to the specific circumstances of the grantee. Under this provision, ASTF is able to receive a fair return where the grantee is going to manufacture and sell its own products based upon ASTF technology. ASTF is also able to receive a fair return based upon the growth in the grantee's business based upon the ASTF grant. 1995-04-20 Senate Journal Page 1108 SB 161 The bill improves ASTF's ability to protect sensitive commercial information it receives through the grant process. Section 4 of the bill amends AS37.17.090(f) to allow the board of ASTF to adopt administrative regulations necessary to protect trade secrets and other proprietary information submitted to ASTF from disclosure under AS09.25.110 - 09.25.120. These regulations would be adopted by the board under standards developed to protect the interests of the state and the prospective grantees. The bill also contains a section authorizing AIDEA to issue up to $20,000,000 in bonds to finance the development of the Kodiak rocket launch complex and the Fairbanks satellite ground stations, or to finance these projects by other means available to AIDEA. This section also includes a limitation that the board of directors of AIDEA and AADC must each determine that there is sufficient commercial interest and financial viability to support the debt service and costs of the facility before money may be expended for any phase of construction. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor SB 162 SENATE BILL NO. 162 BY SENATOR GREEN, entitled: "An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that are inconsistent with the amendments made by this Act." was read the first time and referred to the Resources and Finance Committee. 1995-04-20 Senate Journal Page 1109 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 26 SENATE BILL NO. 26 "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use firearms to commit criminal offenses and relating to the sealing of the records of those minors" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 994. Without objection, CS FOR SENATE BILL NO. 26(FIN) "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors" was adopted and read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 26(FIN) was read the third time. Senators Pearce, Leman, Green, Miller, Taylor, Phillips, Halford moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 26(FIN) "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors" pass the Senate?" The roll was taken with the following result: 1995-04-20 Senate Journal Page 1110 SB 26 CSSB 26(FIN) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis Absent: Adams and so, CS FOR SENATE BILL NO. 26(FIN) passed the Senate and was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS HB 169 CS FOR HOUSE BILL NO. 169(RES) "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the mineral resources of the state" was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the Senate Resources Committee Substitute offered on page 955. Senator Duncan objected. The presence of Senator Adams was noted. Senators Halford, Pearce, Sharp, Leman, Torgerson, Green, Miller, Taylor, Frank, Kelly, Phillips moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the bill be referred to the Finance Committee. Senator Taylor objected, then withdrew his objection. 1995-04-20 Senate Journal Page 1111 HB 169 Senator Sharp objected, then withdrew his objection. There being no further objections, the bill was referred to the Finance Committee. HB 215 HOUSE BILL NO. 215 am "An Act relating to suspension of a student from a public school" was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 1104. Without objection, SENATE CS FOR HOUSE BILL NO. 215(RLS) was adopted and read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 215(RLS) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 215(RLS) "An Act relating to suspension of a student from a public school" pass the Senate?" The roll was taken with the following result: SCS HB 215(RLS) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Absent: Kelly and so, SENATE CS FOR HOUSE BILL NO. 215(RLS) passed the Senate and was referred to the Secretary for engrossment. 1995-04-20 Senate Journal Page 1112 SECOND READING OF SENATE RESOLUTIONS SJR 20 SENATE JOINT RESOLUTION NO. 20 Relating to the Western Alaska Community Development Quota Program, the inshore/offshore allocation process, and the North Pacific Fishery Management Council Comprehensive Rationalization Program, was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 976. Without objection, CS FOR SENATE JOINT RESOLUTION NO. 20(RES) was adopted and read the second time. Senator Halford moved and asked unanimous consent that he be shown as a cosponsor on the bill. Without objection, it was so ordered. Senator Rieger moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard. Senator Halford moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE JOINT RESOLUTION NO. 20(RES) was read the third time. Senator Leman moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the resolution was returned to second reading. Senator Leman offered Amendment No. 1 : Page 2, lines 22 and 25 Page 3, line 4 Delete "and crab" 1995-04-20 Senate Journal Page 1113 SJR 20 Senator Leman moved and asked unanimous consent that the following amendment to Amendment No. 1 be adopted: Page 2, line 28 Delete "and crab" Without objection, the amendment to Amendment No. 1 was adopted. Senator Leman moved for the adoption of Amendment No. 1 as amended. Senator Hoffman objected. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSSJR 20(RES) Second Reading Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Kelly, Leman, Miller, Phillips, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Lincoln, Pearce, Rieger, Salo and so, Amendment No. 1 as amended failed. The resolution was automatically in third reading. The question being: "Shall CS FOR SENATE JOINT RESOLUTION NO. 20(RES) Relating to the Western Alaska Community Development Quota Program, the inshore/offshore allocation process, and the North Pacific Fishery Management Council Comprehensive Rationalization Program, pass the Senate?" The roll was taken with the following result: 1995-04-20 Senate Journal Page 1114 SJR 20 CSSJR 20(RES) Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Torgerson Nays: Green, Kelly, Sharp, Taylor, Zharoff and so, CS FOR SENATE JOINT RESOLUTION NO. 20(RES) passed the Senate. Senator Zharoff gave notice of reconsideration. UNFINISHED BUSINESS RECONSIDERATION OF SENATE BILLS SB 87 Senator Taylor requested that the reconsideration on CS FOR SENATE BILL NO. 87(FIN) am "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of `alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; relating to taxes on alcoholic beverage sales; relating to regulations limiting the hours during which a licensee may offer live entertainment; and providing for an effective date" be taken up. CS FOR SENATE BILL NO. 87(FIN) am was before the Senate on reconsideration. Senator Taylor moved that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 1. Senator Donley objected. 1995-04-20 Senate Journal Page 1115 SB 87 The question being: "Shall the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 1?" The roll was taken with the following result: CSSB 87(FIN) am Return to Second to Rescind Previous Action YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis and so, the bill was returned to second reading. Senator Taylor moved that the Senate rescind its previous action in adopting Amendment No. 1. Senator Ellis objected. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 1?" The roll was taken with the following result: CSSB 87(FIN) am Rescind Previous Action YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Green, Hoffman, Kelly, Miller, Pearce, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Frank, Halford, Leman, Lincoln, Phillips, Rieger, Salo and so, the Senate rescinded its previous action. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1995-04-20 Senate Journal Page 1116 SB 87 CSSB 87(FIN) am Second Reading Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Leman, Lincoln, Miller, Phillips, Rieger, Salo Nays: Adams, Duncan, Green, Hoffman, Kelly, Pearce, Sharp, Taylor, Torgerson, Zharoff and so, Amendment No. 1 failed. CS FOR SENATE BILL NO. 87(FIN) am was automatically in third reading. Senator Taylor moved that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 2. Senator Ellis objected. The question being: "Shall the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 2?" The roll was taken with the following result: CSSB 87(FIN) am Return to Second to Rescind Previous Action YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Salo and so, the bill was returned to second reading. Senator Taylor moved that the Senate rescind its previous action in adopting Amendment No. 2. Senator Donley objected. 1995-04-20 Senate Journal Page 1117 SB 87 The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 2?" The roll was taken with the following result: CSSB 87(FIN) am Rescind Previous Action YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Green, Halford, Hoffman, Kelly, Miller, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Frank, Leman, Lincoln, Pearce, Phillips, Rieger, Salo and so, the Senate rescinded its previous action. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 87(FIN) am Second Reading Amendment No. 2 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Pearce, Phillips, Rieger, Salo Nays: Adams, Duncan, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Sharp, Taylor, Torgerson, Zharoff and so, Amendment No. 2 failed. CS FOR SENATE BILL NO. 87(FIN) am was automatically in third reading. Senator Taylor moved that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 3. Senator Ellis objected. The question being: "Shall the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 3?" The roll was taken with the following result: 1995-04-20 Senate Journal Page 1118 SB 87 CSSB 87(FIN) am Return to Second to Rescind Previous Action YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Salo and so, the bill was returned to second reading. Senator Taylor moved that the Senate rescind its previous action in adopting Amendment No. 3. Senator Ellis objected. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 3?" The roll was taken with the following result: CSSB 87(FIN) am Rescind Previous Action YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Green, Hoffman, Kelly, Leman, Miller, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Frank, Halford, Lincoln, Pearce, Phillips, Rieger, Salo and so, the Senate rescinded its previous action. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1995-04-20 Senate Journal Page 1119 SB 87 CSSB 87(FIN) am Second Reading Amendment No. 3 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Hoffman, Pearce, Rieger, Salo Nays: Adams, Duncan, Green, Kelly, Leman, Lincoln, Miller, Phillips, Sharp, Taylor, Torgerson, Zharoff and so, Amendment No. 3 failed. CS FOR SENATE BILL NO. 87(FIN) was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 87(FIN) "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of `alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 87(FIN) Third Reading - On Reconsideration YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Frank, Pearce, Zharoff Duncan changed from "Yea" to "Nay". Zharoff changed from "Yea" to "Nay". 1995-04-20 Senate Journal Page 1120 SB 87 and so, CS FOR SENATE BILL NO. 87(FIN) passed the Senate on reconsideration. Senator Halford moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 87(FIN) Effective Date Vote YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Pearce and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. SB 135 Senator Adams requested that the reconsideration on SENATE BILL NO. 135 am "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date" be taken up. SENATE BILL NO. 135 am was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE BILL NO. 135 am "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-04-20 Senate Journal Page 1121 SB 135 SB 135 am Third Reading - On Reconsideration YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, SENATE BILL NO. 135 am passed the Senate on reconsideration. Senator Halford moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SB 135 am Effective Date Vote YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Hoffman, Salo and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. 1995-04-20 Senate Journal Page 1122 SB 53 Senator Kelly requested that the reconsideration on CS FOR SENATE BILL NO. 53(JUD) be taken up. CS FOR SENATE BILL NO. 53(JUD) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of `member insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of `managing general agent' and `person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-04-20 Senate Journal Page 1123 SB 53 CSSB 53(JUD) Third Reading - On Reconsideration Effective Date Court Rule Change YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Halford and so, CS FOR SENATE BILL NO. 53(JUD) passed the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 121 Senator Halford moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date" be held to April 21. Without objection, it was so ordered. CONSIDERATION OF THE CALENDAR CONTINUED CITATIONS Honoring - Celebration of Life - Kalukaq Senator(s) Lincoln, Hoffman, Leman, Duncan, Pearce, Ellis, Adams, Zharoff, Taylor, Rieger, Kelly, Salo Representative(s) Nicholia 1995-04-20 Senate Journal Page 1124 Honoring - First Lady Ermalee Hickel Senator(s) Leman, Halford, Torgerson, Miller, Hoffman, Phillips, Duncan, Pearce, Zharoff, Green, Taylor, Kelly, Salo, Frank, Lincoln Commemorating National Correctional Officers' Week, May 7-13, 1995 Senator(s) Torgerson, Leman, Hoffman, Duncan, Pearce, Ellis, Green, Taylor, Kelly, Salo, Lincoln Representative(s) G. Davis, G. Phillips, Mulder Honoring - Aaron Reiss and Timothy Porritt, Eagle Scouts Representative(s) Kubina Senator(s) Lincoln, Leman, Hoffman, Duncan, Pearce, Zharoff, Green, Taylor, Kelly, Salo Honoring - Hoonah Old Timers Gold Medal Basketball Team Senator(s) Zharoff, Leman, Hoffman, Duncan, Pearce, Ellis, Adams, Taylor, Lincoln, Kelly, Lincoln Honoring - Hydaburg Gold Medal Basketball Team Senator(s) Zharoff, Leman, Hoffman, Duncan, Pearce, Ellis, Adams, Taylor, Lincoln, Kelly, Lincoln In Memoriam - Byron J. "Barney" Hollembaek Representative(s) Kubina Senator(s) Lincoln, Hoffman, Duncan, Pearce, Zharoff, Green, Taylor, Rieger, Kelly, Halford Honoring - Tim Hinnenkamp, Eagle Scout Representative(s) Austerman Senator(s) Zharoff, Taylor Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on April 22, 23 and 24. Without objection, Senator Lincoln was excused. 1995-04-20 Senate Journal Page 1125 Senator Halford moved and asked unanimous consent that Senator Pearce be excused from a call of the Senate on April 24. Without objection, Senator Pearce was excused. Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate on May 1 and 2. Without objection, Senator Hoffman was excused. HB 86 Senator Halford, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 86(CRA)(title am) "An Act relating to municipal flat taxes on personal property and permitting municipalities to classify and exempt or partially exempt some or all types of personal property from ad valorem taxes." Without objection, the bill was referred to the Rules Committee. SB 25 Senator Halford, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 25 "An Act repealing vegetable dealer licensing and regulation." Without objection, the bill was referred to the Rules Committee. SB 117 The reconsideration on CS FOR SENATE BILL NO. 117(HES) "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. 1995-04-20 Senate Journal Page 1126 ENGROSSMENT SB 26 CS FOR SENATE BILL NO. 26(FIN) "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 53 CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of 'member insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of 'managing general agent' and 'person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1995-04-20 Senate Journal Page 1127 SB 87 CS FOR SENATE BILL NO. 87(FIN) "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of 'alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 117 CS FOR SENATE BILL NO. 117(HES) "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 135 SENATE BILL NO. 135 am "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 215 SENATE CS FOR HOUSE BILL NO. 215(RLS) "An Act relating to suspension of a student from a public school" was engrossed, signed by the President and Secretary and returned to the House for consideration. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 21, 1995. Without objection, the Senate adjourned at 7:25 p.m. Nancy Quinto Secretary of the Senate April 1995 1995-04-20 Senate Journal Page 1128 ANNOUNCEMENTS NOTICE - AMERICANS WITH DISABILITIES ACT Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 APR 21 FRIDAY 1:30 PM NO MEETING SCHEDULED APR 24 MONDAY 1:30 PM BILLS PENDING AT CALL OF CHAIR APR 26 WEDNESDAY 1:30 PM BILLS PENDING AT CALL OF CHAIR APR 28 FRIDAY 1:30 PM BILLS PENDING AT CALL OF CHAIR ---------------------------------------- FINANCE SENATE FINANCE 532 APR 20 THURSDAY 2:00 PM HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET APR 21 FRIDAY 9:00 AM SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET BILLS PREVIOUSLY SCHEDULED APR 24 MONDAY 11:00 AM PREVIOUSLY SCHEDULED BILLS PLUS THE FOLLOWING: SB 77 INTENSIVE MANAGEMENT OF GAME SB 81 CLASSIFYING WOLF AS PREDATOR SB 124 HUMAN SERVICES COMMUNITY MATCHING GRANTS HB 80 DNR APPROVAL OF PLATS IN UNORG BOROUGH HB 169 DEPT. NAT RES. IS LEAD AGENCY FOR MINING APR 25 TUESDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- 1995-04-20 Senate Journal Page 1129 FINANCE CONTINUED APR 26 WEDNESDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- APR 27 THURSDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- APR 28 FRIDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 21 FRIDAY 9:00 AM CONFIRMATION HEARING FOR APPOINTMENTS TO THE UNIVERSITY OF ALASKA BOARD OF REGENTS: CHANCY CROFT AND JOE J. THOMAS BILLS PREVIOUSLY HEARD APR 24 MONDAY 9:00 AM NO MEETING SCHEDULED APR 26 WEDNESDAY 9:00 AM SB 2 UNEMPL'T COMP: NONCERTIFICATED SCH. EMPS. SB 18 REAA ADVISORY VOTES APR 28 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 21 FRIDAY 1:30 PM HJR 1 REPEAL OF REGULATIONS BY LEGISLATURE HJR 5 LIMITING TERMS OF STATE LEGISLATORS SB 154 AGGRAVATING FACTORS AT SENTENCING SB 155 DO JAIL TIME BY ELECTRONIC MONITORING HB 42 ABSENTEE VOTING & USE OF FAX BILLS PREVIOUSLY HEARD APR 24 MONDAY 1:30 PM HB 200 CUSTODY OF PRISONERS HB 28 POSSESSION OF GUNS ON SCHOOL PROPERTY SB 115 UNIFORM INTERSTATE FAMILY SUPPORT ACT SB 116 PATERNITY; CHILD SUPPORT ENFORCEMENT BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-04-20 Senate Journal Page 1130 LABOR & COMMERCE FAHRENKAMP RM 203 APR 20 THURSDAY 1:30 PM -- TELECONFERENCE -- HB 46 ARCHITECT, ENGINEER & SURVEYOR REGULATION SB 28 MOTOR VEHICLE REG FEE/EMISS'N INSPECTIONS HB 220 ALASKA TOURISM MARKETING COUNCIL APR 25 TUESDAY 1:30 PM -- TELECONFERENCE -- CONFIRMATION HEARINGS SB 158 PHARMACISTS AND PHARMACIES HB 231 INTERVIEWS BY THE STATE MEDICAL BOARD HB 168 PERMITS FOR NONRESIDENT OPTOMETRISTS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 21 FRIDAY 3:30 PM -- TELECONFERENCE -- HB 140 SMALL FISH PROCESSOR SURETY BONDS HB 141 TERM OF FISH & GAME BOARD MEMBERS HB 107 RESTRICTED LIMITED ENTRY PERMITS HB 102 EXTEND BIG GAME COMMERCIAL SERVICES BOARD HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES BILLS PREVIOUSLY HEARD APR 24 MONDAY 3:30 PM HB 208 SEAFOOD PROCESSING STANDARDS HB 225 ELEPHANT PERMIT HJR 23 COMMUNITY DEVELOPMENT FISHING QUOTAS BELOW BILL PREVIOUSLY HEARD: HB 197 MINERAL EXPLORATION INCENTIVE CREDITS APR 26 WEDNESDAY 3:30 PM TESORO ROYALTY OIL CONTRACT (PENDING REFERRAL) SJR 22 FISH & MARINE MAMMAL RESEARCH BERING SEA BILLS PREVIOUSLY HEARD BELOW CONTINUED FROM 04/12/95: CONFIRMATION HEARING: FRANK RUE, COMMISSIONER, DEPARTMENT OF FISH AND GAME APR 28 FRIDAY 3:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-04-20 Senate Journal Page 1131 RULES FAHRENKAMP ROOM 203 APR 20 THURSDAY 7:30 PM HB 23 REFERRALS INVOLVING DENTAL SERVICES HB 115 DAMAGES & ATTY FEES FOR UNPAID WAGES HB 125 JUVENILE CRIMINAL RECORDS TO SCHOOLS HB 150 RECEIPTS FOR BAIL FORFEITURES HB 151 MAGISTRATE PRESUMPTIVE DEATH JURISDICTION HB 153 BONDS FOR JUDGES HB 214 MEDICAL RECORDS IN ELECTRONIC FORM SR 2 OPPOSE COAL AS HAZARDOUS/NOXIOUS SUBSTNCE BELOW BILLS HELD OVER FROM 04/19/95: HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET HB 173 REPORTS TO THE LEGISLATURE HB 183 FINANCING IMPROVEMENTS BY LEASE/PURCHASE SB 54 ELECTRIC UTIL & SOLID WASTE REMOVAL ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 20 THURSDAY 12:00 PM -- MEETING POSTPONED TO CALL OF CHAIR -- SB 141 LEGISLATIVE ETHICS <TELECONFERENCE ON ABOVE BILL-INVITATION ONLY> SB 118 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING SB 142 HUMAN RESOURCE INVESTMENT COUNCIL <TELECONFERENCE ON ABOVE BILL-LISTEN ONLY> BELOW BILLS RESCHEDULED FROM 04/18/95: HB 164 ESTABLISH PEARL HARBOR DAY SR 1 DAY OF PRAYER IN ALASKA SB 150 DUTCH HARBOR REMEMBRANCE DAY SJR 18 CREATION OF ARCTIC COUNCIL SB 143 AHFC TRANSFERS TO GENERAL FUND; BONDS SB 144 FINANCING REPAIR/REHAB OF U AK BLDGS BILLS PREVIOUSLY HEARD APR 25 TUESDAY 3:30 PM HB 13 CAMPAIGN FILINGS & DISCLOSURES HB 44 GAMING PROCEEDS/DEFINE CHARITABLE ORG'NS SB 143 AHFC TRANSFERS TO GENERAL FUND; BONDS SB 144 FINANCING REPAIR/REHAB OF U AK BLDGS BILLS PREVIOUSLY HEARD APR 27 THURSDAY 3:30 PM SB 118 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-04-20 Senate Journal Page 1132 TRANSPORTATION BUTROVICH ROOM 205 APR 20 THURSDAY 1:30 PM -- MEETING CANCELLED -- BILLS PREVIOUSLY HEARD JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 APR 20 THURSDAY 4:00 PM REVIEW OF AUDITS AND RPLS